Bill Text: NY S03236 | 2015-2016 | General Assembly | Amended


Bill Title: Enacts the "well water and water supply education act".

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-04-04 - PRINT NUMBER 3236B [S03236 Detail]

Download: New_York-2015-S03236-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         3236--B
                               2015-2016 Regular Sessions
                    IN SENATE
                                    February 3, 2015
                                       ___________
        Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health --  recommitted  to
          the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to  said committee -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
        AN ACT to amend the public health law, in relation to enacting the "well
          water and water supply education act"
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as the "well water
     2  and water supply education act".
     3    §  2.  Paragraph  (b)  of  subdivision 2 of section 1102 of the public
     4  health law is amended and a new  subdivision  4  is  added  to  read  as
     5  follows:
     6    (b)  If  the  local board of health of the health district wherein the
     7  violation or noncompliance occurs, fails to enforce  the  order  of  the
     8  commissioner within ten days after its receipt, the corporation furnish-
     9  ing  such  water  supply or the municipality, state, or United States or
    10  state or United States institution, park, reservation or  post  deriving
    11  its  water  supply  from  the  waters  to  which such rule or regulation
    12  relates, or the commissioner, or the local board of health of the health
    13  district wherein the water supply protected by these rules is  used,  or
    14  any  person  interested  in  the  protection  of the purity of the water
    15  supply, may maintain an action in a court of record which shall be tried
    16  in the county where the cause of action arose against such  person,  for
    17  the recovery of the penalties and consequential damages incurred by such
    18  violation,  and  for an injunction restraining the person violating such
    19  rule or regulation from the continued violation thereof.
    20    4. Notwithstanding any provision of law to the contrary, any action to
    21  recover damages brought by the person,  officer,  board,  or  commission
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08459-03-6
feedback